74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to A-Eng. HB 2263
LC 462/HB 2263-A14
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2263
By COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
June 11
On page 1 of the printed corrected A-engrossed bill, line 2,
after '285A.090,' delete the rest of the line and insert '
327.008, 327.023, 327.297, 327.506, 328.542,'.
In line 3, after '329.085,' insert '329.095,'.
In line 4, after '329.704,' insert '329.830,'.
In line 5, after '332.114,' insert '336.113,' and after '
342.845,' insert '346.010,'.
After line 10, insert:
' Whereas every student enrolled in public secondary school
should have access to high-quality, rigorous academics with a
particular focus on access to advanced placement (AP) and honors
courses; and
' Whereas all high school students should be ready for college
and the workforce upon graduation; and
' Whereas identifying as many students as possible for advanced
placement and honors courses would increase the number of
students taking advanced placement and honors courses; and
' Whereas it is important to ensure that minority and
underrepresented students excel to their fullest potential; and
' Whereas not only access to college but also success in
college and the workforce are important for all students; now,
therefore,'.
On page 5, delete lines 22 through 45 and delete page 6 and
insert:
' { + SECTION 7. + } ORS 329.095 is amended to read:
' 329.095. (1) The { - State Board - } { + Department + }
of Education shall require school districts and schools to
conduct self-evaluations and update their local district
{ + continuous + } improvement plans on a biennial basis. The
self-evaluation process shall involve the public in the setting
of local goals. The school districts shall ensure that
representatives from the demographic groups of their school
population are invited to participate in the development of local
district { + continuous + } improvement plans to achieve the
goals.
' (2) As part of setting local goals, school districts
{ - are encouraged to - } { + shall + } undertake a
communications process that involves parents, students, teachers,
school employees and community representatives to explain and
discuss the local goals and their relationship to programs under
this chapter.
' (3) At the request of the school district, department
{ - of Education - } staff shall provide ongoing technical
assistance in the development and implementation of the local
district { + continuous + } improvement plan.
' (4) The local district { + continuous + } improvement plan
shall include { + :
' (a) A rigorous curriculum aligned with state standards;
' (b) High-quality instructional programs;
' (c) Short-term and long-term professional development plans;
' (d) Programs and policies to achieve a safe educational
environment;
' (e) A plan for family and community engagement;
' (f) Staff leadership development;
' (g) High-quality data systems;
' (h) Improvement planning that is data-driven;
' (i) Education service plans for students who have or have not
exceeded all of the academic content standards;
' (j) A review of demographics, student performance, staff
characteristics and student access to, and use of, educational
opportunities; and
' (k) + }District efforts to achieve local efficiencies and
efforts to make better use of resources. { - Efficiencies may
include, but are not limited to, use of magnet schools, energy
programs, public and private partnerships, staffing and other
economies. - }
' { - (5) All school districts shall, as part of their local
district improvement plan, develop programs and policies to
achieve a safe, educational environment. - }
' { - (6) Local district improvement plans shall include the
district's and school's short-term and long-term plans for staff
development. - }
' { - (7) Local district and school goals and district and
school improvement plans shall be made available to the
public. - }
' { - (8) The self-evaluations shall include a review of
demographics, student performance, student access to and
utilization of educational opportunities and staff
characteristics. However, failure to complete the self-evaluation
process shall not constitute grounds for withholding of state
moneys. - }
' { + SECTION 8. + } ORS 329.105 is amended to read:
' 329.105. (1) The Superintendent of Public Instruction shall
collect data and produce annual school district and school
performance reports containing information on student
performance, student behavior and school characteristics. The
purpose of the performance reports is to provide information to
parents and to improve schools through greater parental
involvement.
' (2)(a) In consultation with representatives of parents,
teachers, school district boards and school administrators, the
State Board of Education shall adopt, by rule, criteria for
{ - grading schools - } { + identifying outstanding schools,
satisfactory schools and schools in need of improvement + }. Such
criteria shall take into account student performance, improvement
in student performance { + , + } { - and - } the participation
rate of students on the statewide assessments { + , student
attendance rates and graduation rates + }. The Superintendent of
Public Instruction, based on the criteria adopted by the State
Board of Education, shall assign a
{ - grade - } { + rating + } to each school { - for student
performance, student behavior and school characteristics and also
shall assign an overall grade to the school. The grades shall
include classifications for exceptional performance, strong
performance, satisfactory performance, low performance and
unacceptable performance. - } { + that identifies the school as
outstanding, satisfactory or in need of improvement. + }
' (b) The { - grades - } { + ratings + } received by a
school shall be included in the school district and school
performance reports.
' (c) If a school { - is within the low performance or
unacceptable performance classification in any category - } { +
is designated as in need of improvement + }, the school shall
file a school improvement plan with the Superintendent of Public
Instruction and with the school district board { - and the 21st
Century Schools Council for the school - } .
' { + (d) The Department of Education shall work with
stakeholders to design and implement an accountability system of
progressive interventions for and provide technical assistance to
schools and school districts that do not demonstrate
improvement. + }
' (3) The Superintendent of Public Instruction shall include in
the school performance reports data for the following areas, for
each school, that are available to the Department of Education
from the most recent school year:
' (a) Enrollment in English as a second language courses under
ORS 336.079;
' (b) Attendance rates;
' (c) School safety, such as expulsions involving weapons in
the school;
' { - (d) Students who met or exceeded standards leading to
the Certificate of Initial Mastery; - }
' { + (d) Disaggregated data on students who met or exceeded
the academic content standards established by the board; + }
' (e) Dropout rates and the number of students who dropped out
of school;
' (f) Parent and community involvement such as volunteer hours;
' { - (g) Classes taught by a teacher outside the teacher's
area of certification; and - }
' { + (g) The percentage of classes taught by a teacher
identified as highly qualified under rules adopted by the United
States Department of Education; and + }
' (h) School staff, identified by category.
' (4) The Superintendent of Public Instruction shall include in
the school district performance reports data for the following
areas, for each school district, that are available to the
Department of Education from the most recent school year:
' (a) Resident students who attend a public school in another
school district;
' (b) Facilities used for distance learning;
' (c) Election results of any bond levy proposed to the
electors of the district;
' (d) Expenditures;
' (e) Level of support from the education service district;
' (f) Administrators not assigned to a specific school;
' (g) School district staff, identified by category; and
' (h) Students who are eligible for special education.
' (5) The Superintendent of Public Instruction shall notify the
public and the media by January 30 of each year that school
district and school performance reports are available at schools
and school districts and at the Department of Education website
and offices. The superintendent shall also include notice that
copies of school { + improvement plans + } and district
{ + continuous + } improvement plans can be obtained from school
and school district offices. Each school district shall send a
copy of the school district and applicable school performance
reports to each parent of a child enrolled in a public school in
the school district.
' { + SECTION 9. + } ORS 329.115 is amended to read:
' 329.115. (1) Prior to { - September 30 - } { + December
1 + } of each year, the Superintendent of Public Instruction
shall issue an Oregon Report Card on the state of the public
schools and progress toward achieving the goals contained in ORS
329.025 { - and 329.035 - } . { + The purpose of the Oregon
Report Card is to monitor trends among school districts and
Oregon's progress toward achieving the goals stated in this
chapter and the Department of Education key performance measures
established by the Oregon Progress Board.
' (2) The Oregon Report Card shall include information on the
following:
' (a) Student performance on Oregon state assessments and
national assessments;
' (b) Data required by the federal No Child Left Behind Act of
2001 (P.L. 107-110, 115 Stat. 1425);
' (c) Public school funding, expenditures and employee salary
information;
' (d) Instructional hours;
' (e) School staff information;
' (f) District size, student demographics and student
enrollment;
' (g) Dropout rates;
' (h) Alternative education programs;
' (i) Public charter schools;
' (j) Early childhood education and Oregon prekindergarten; and
' (k) Programs for students with special needs. + }
' { - (2) The purpose of the Oregon Report Card is to monitor
trends among school districts and Oregon's progress toward
achieving the goals stated in this chapter. The report on the
state of the public schools shall be designed to: - }
' { - (a) Allow educators and local citizens to determine and
share successful and unsuccessful school programs; - }
' { - (b) Allow educators to sustain support for reforms
demonstrated to be successful; - }
' { - (c) Recognize schools for their progress and
achievements; and - }
' { - (d) Facilitate the use of educational resources and
innovations in the most effective manner. - }
' { - (3) The report shall contain, but need not be limited
to: - }
' { - (a) Demographic information on public school children in
this state. - }
' { - (b) Information pertaining to student achievement,
including statewide assessment data, graduation rates and dropout
rates, including progress toward achieving the education
benchmarks established by the Oregon Progress Board, with
arrangements by minority groupings where applicable. - }
' { - (c) Information pertaining to special program
offerings. - }
' { - (d) Information pertaining to the characteristics of the
school and school staff, including assignment of teachers,
experience of staff and the proportion of minorities and women
represented on the teaching and administrative staff. - }
' { - (e) Budget information, including source and disposition
of school district operating funds and salary data. - }
' { - (f) Examples of exemplary programs, proven practices,
programs designed to reduce costs or other innovations in
education being developed by school districts in this state that
show improved student learning. - }
' { - (g) Such other information as the superintendent obtains
under ORS 329.105. - }
' { - (4) In the second and subsequent years that the report
is issued, the report shall include a comparison between the
current and previous data and an analysis of trends in public
education. - } '.
On page 7, delete lines 1 through 8.
On page 13, after line 33, insert:
' { + SECTION 25a. + } ORS 329.830 is amended to read:
' 329.830. (1) The State Board of Education shall establish a
system of determining successful schools and dispensing
appropriate incentive rewards to those schools. The system shall
be based on a school being the measurement unit to determine
success. School success shall be determined by measuring a
school's improvement over a specific assessment period. The
successful schools program shall be voluntary.
' (2) A school may submit an application to the Department of
Education for the successful schools program. The application
shall include a short statement from the school requesting
consideration for the successful schools program. The application
shall also include a copy of the { - school - } { + district
continuous + } improvement plan implemented pursuant to ORS
329.095 { + for the school + }.
' (3) A school may not amend its application after the
application is submitted without approval by the state board. A
school that has submitted an application may not submit a new
application until the assessment period has ended, unless the
school withdraws the previous application.
' (4) The department shall distribute incentive rewards to
schools that are determined to be successful schools. The board
shall establish criteria for determining successful schools. The
criteria shall include, but not be limited to:
' (a) The results from the statewide assessment system
developed pursuant to ORS 329.485;
' (b) The achievement of measurable academic goals from
{ - school - } { + district continuous + } improvement plans;
and
' (c) Other criteria relating to improvement in student
learning.
' (5) The department shall base the amount of the reward to
each successful school on the number of teachers employed by the
school. The minimum reward for each full-time teacher shall be
$1,000. Part-time teachers shall receive a percentage of the
reward based on the amount of time the part-time teacher worked.
Teachers hired during the assessment period shall receive a
percentage of the reward based on the length of time the teacher
worked at the school during the assessment period.
' (6) Each teacher shall individually decide how to use the
reward. A reward shall be used by a teacher for classroom
enhancements or professional development. As used in this
subsection, 'classroom enhancements' means items and activities
that will improve student learning, including, but not limited
to, books, instructional materials, multimedia equipment and
software, supplies and field trips.
' (7) The State Board of Education shall adopt any rules
necessary to implement the successful schools program.'.
On page 18, after line 16, insert:
' { + SECTION 30a. + } ORS 327.297 is amended to read:
' 327.297. (1) In addition to those moneys distributed through
the State School Fund, the Department of Education shall award
grants to school districts, the Youth Corrections Education
Program and the Juvenile Detention Education Program for
activities that relate to increases in student achievement,
including:
' (a) Class size reduction;
' (b) Increases in instructional time;
' (c) Professional development;
' (d) Remediation and alternative learning;
' (e) Early childhood support;
' (f) Services to at-risk youth;
' (g) Additional instructional materials;
' (h) Curriculum and instructional support;
' (i) Services for English as a second language students; and
' (j) Other activities approved by the State Board of Education
that are shown to have a relationship to increasing student
achievement.
' (2) Each school district, the Youth Corrections Education
Program and the Juvenile Detention Education Program may apply to
the Department of Education for a grant. The department shall
review and approve applications based on criteria established by
the State Board of Education. In establishing the criteria, the
State Board of Education shall consider the recommendations of
the Quality Education Commission established under Executive
Order 99-16 and the recommendations of the Quality Education
Commission established under ORS 327.500. The applications shall
include the activities to be funded and the goals of the school
district or program for increases in student performance. The
applications shall become part of the local district
{ + continuous + } improvement plan described in ORS 329.095.
' (3) The Department of Education shall evaluate the annual
progress of each recipient of grant funds under this section
toward the performance targets established by the Quality
Education Commissions that have been funded by the Legislative
Assembly. The evaluation shall become part of the requirements of
the department for assessing the effectiveness of the district
under ORS 329.085, 329.095 and 329.105. The department shall
ensure school district and program accountability by providing
appropriate assistance, intervening and establishing consequences
in order to support progress toward the performance targets.
' (4) Each biennium the Department of Education shall report to
the Legislative Assembly on the grant program and the results of
the grant program.
' (5)(a) Notwithstanding ORS 338.155 (9), the Department of
Education may not award a grant under this section directly to a
public charter school.
' (b) A school district that receives a grant under this
section may transfer a portion of the grant to a public charter
school based on the charter of the school or any other agreement
between the school district and the public charter school.
' (c) A public charter school that receives grant funds under
this subsection shall use those funds for the activities
specified in subsection (1) of this section.
' (6)(a) The amount of each grant = the program's or school
district's ADMw X (the total amount available for the grants in
each distribution year : the total statewide ADMw).
' (b) As used in this subsection:
' (A) 'ADMw' means:
' (i) For a school district, the extended weighted average
daily membership as calculated under ORS 327.013, 338.155 (1) and
338.165 (2);
' (ii) For the Youth Corrections Education Program, the average
daily membership as defined in ORS 327.006 multiplied by 2.0; and
' (iii) For the Juvenile Detention Education Program, the
average daily membership as defined in ORS 327.006 multiplied by
1.5.
' (B) 'Total statewide ADMw' means the total extended ADMw of
all school districts plus the ADMw of the Youth Corrections
Education Program plus the ADMw of the Juvenile Detention
Education Program.
' (7) Each school district or program shall deposit the grant
amounts it receives under this section in a separate account, and
shall apply amounts in that account to pay for activities
described in the district's or program's application.
' (8) The State Board of Education may adopt any rules
necessary for the administration of the grant program.'.
On page 19, after line 34, insert:
' { + SECTION 32a. + } ORS 336.113 is amended to read:
' 336.113. (1) The Superintendent of Public Instruction shall
direct the Department of Education to increase efforts to:
' (a) Evaluate the distribution of ethnic, racial and cultural
backgrounds of the public school students of Oregon and the use
of demographic data by school districts for curricula and program
planning as reflected in { - school districts' consolidated - }
{ + district continuous + } improvement plans;
' (b) Examine strategies to inform school district boards,
school administrators, teachers, parents of students and the
public about multicultural and diversity laws and policies;
' (c) Identify and review exemplary multicultural curricula for
different grade levels based on the needs of Oregon's public
school students;
' (d) Identify and review strategies to integrate a
multicultural education program with other education programs of
school districts; and
' (e) Evaluate how current laws on diversity and multicultural
education are being implemented and applied at the state and
school district levels.
' (2) The superintendent shall:
' (a) Seek federal and other funds to develop and implement
multicultural education;
' (b) Seek federal and other funds to provide funding and
technical support for school districts to develop and implement
multicultural curricula and educational programs; and
' (c) Report to the State Board of Education on the funds
available, the success in obtaining funds, the plans to develop
and implement multicultural education and the development of a
system for evaluation.
' (3) The superintendent may appoint an advisory committee to
accomplish the requirements of this section. The superintendent
and the advisory committee shall seek and incorporate input from
the business community, educators and minority representatives
that reflect the demographics and geographic regions of this
state.'.
On page 25, line 41, after '327.023,' insert '327.297,'.
In line 42, after '329.085,' insert '329.095,'.
In line 43, after '329.704,' insert '329.830,'.
In line 44, after '332.114,' insert '336.113,'.
On page 26, delete lines 6 through 8 and insert:
' { + SECTION 42. + } { + (1) The Department of Education
shall contract with a nonprofit entity to administer a nationally
normed assessment, in collaboration with the department, to all
students in grade 10 who are enrolled in a public school. The
purpose of the assessment is to predict the success of students
on, and provide practice for students taking, college entrance
exams.
' (2) The department shall base the selection of the contractor
under subsection (1) of this section on all of the following
criteria:
' (a) The contractor must be able to provide to the department
statewide data containing the results of the assessment;
' (b) The contractor shall provide an assessment that:
' (A) Identifies students with high potential to excel in
advanced placement (AP) or other honors courses based on a
research-based correlation of scores on the grade 10 assessment
to advanced placement examinations;
' (B) Examines students in mathematics, reading and writing;
and
' (C) Provides results that can be used by Oregon's higher
education institutions to recruit students to attend college;
' (c) The contractor must be able to supply schools with an
item-by-item analysis of student performance on the assessment;
and
' (d) The contractor must be able to make available to each
student taking the assessment a free career assessment and online
exploration of colleges and career opportunities.
' (3) Notwithstanding subsection (1) of this section, the
department may allow the contractor to waive the tests for
specific groups of students. + }
' { + SECTION 43. + } { + The Department of Education shall
enter into a contract under section 42 of this 2007 Act to first
provide an assessment during the 2008-2009 school year. + }
' { + SECTION 44. + } ORS 327.008, as amended by section 6a,
chapter 803, Oregon Laws 2005, is amended to read:
' 327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 327.355, 327.357, 327.360, 336.575, 336.580,
336.635, 342.173, 343.243, 343.533 and 343.961.
' (2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.013.
' (3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
' (4) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
' (5) Numbers of students in average daily membership used in
the distribution formula shall be the numbers as of June of the
year of distribution.
' (6) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
' (7) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
' (8) Each fiscal year, the Department of Education shall
transfer the amount of $12 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
' (9) Each fiscal year, the Department of Education shall
transfer the amount of $2.5 million from the State School Fund to
the Small School District Supplement Fund established in ORS
327.360.
' { + (10) Each fiscal year, the Department of Education may
expend up to $550,000 from the State School Fund for the contract
described in section 42 of this 2007 Act. The amount distributed
to education service districts from the State School Fund under
this section and ORS 327.019 shall be reduced by the amount
expended by the department under this subsection. + }
' { + SECTION 45. + } { + The amendments to ORS 327.008 by
section 44 of this 2007 Act apply to State School Fund
distributions commencing with the 2007-2008 distribution. + }
' { + SECTION 46. + } ORS 328.542 is amended to read:
' 328.542. Subject to the Local Budget Law (ORS 294.305 to
294.565) and to sections 11 and 11b, Article XI, Oregon
Constitution, each school district board shall prepare
annually { + or biennially + } the budget of the school district
and shall certify ad valorem property taxes to the assessor as
provided by law.
' { + SECTION 47. + } ORS 346.010 is amended to read:
' 346.010. (1) Pursuant to rules of the State Board of
Education, the Superintendent of Public Instruction shall provide
free training and education services { - for deaf or blind
children, or children who are both deaf and blind, - } in
facilities located in Marion County { + for children who are
blind or deaf + }.
' (2) The Superintendent of Public Instruction shall
{ - indicate - } { + make recommendations to the Legislative
Assembly about + } which facilities shall serve as the school for
the deaf and { + which facilities shall serve as + } the school
for the blind. { - The superintendent may order a change in all
or part in the purpose and use of facilities available under this
section whenever the superintendent determines that a change in
purpose and use will better enable the state to meet its
responsibilities for the education and training of deaf or blind
children, or children who are both deaf and blind. - } { + The
recommendations may include recommendations about:
' (a) The location of the schools;
' (b) The sale or transfer of property that serves as the
school for the blind or the school for the deaf; and
' (c) Other matters relating to the school for the blind or the
school for the deaf. + }
' (3) The facilities shall be operated primarily for the
provision of education and training services for children
{ - with sensory disabilities - } { + who are blind or
deaf + } who cannot be efficiently served { - under the
provisions of ORS chapter 343 - } { + in other schools or
programs + }.
' { + SECTION 48. + } { + This 2007 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2007 Act
takes effect on its passage. + } ' .
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